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H W G
V.
E M G

(1999) JELR 101731 (CA)

Court of Appeal 12 Mar 1999 Kenya
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Case Details

Suit Number:civ app 246 of 98
Judges:Philip Kiptoo Tunoi Abdulrasul Ahmed Lakha Richard Otieno Kwach
Location:Nairobi
Other Citations:H W G v. E M G [1999] eKLR

JUDGMENT OF THE COURT

The parties to this appeal are husband and wife. They were married in May, 1970 and are blessed with five teenage children, three sons and two daughters. It is now common knowledge, as perceived from the petition and the answer to it that, unfortunately, the marriage since celebration, has not been a happy one.

On 21st May, 1998, the wife petitioned for judicial separation and maintenance on the grounds of the husband's cruelty and adultery with a known woman. However, the husband has filed an answer to it and a cross-petition for an order of dismissal. It is important at this stage to observe that as there are many unresolved issues and allegations in the petition which is still pending trial by the superior court it would not be proper for us at this stage to make any firm pronouncement on any issue raised by the parties in their pleadings as we have not had the benefit of a decision on them by the superior court.

It suffices to say that on the same day of lodging…

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